Top

THE BANGLADESH-INDIA FRIENDSHIP TREATY: A CRITICAL ANALYSIS
Choudhury M. Shamim
ABSTRACT
This paper seeks to discuss Bangladesh-India relations from a strategic perspective with special focus on
the 1972 Bangladesh-India Friendship treaty. It delves into the origins of the alliance between the two
countries and their motivations for signing it. It looks at how the treaty has fared in practice and why
subsequent regimes did not abrogate it. This author believes that the treaty resulted from the circumstances
of Bangladesh's independence war and the role that India played in it. The Cold War and the global
alliance system also had a role. Now that the Cold War is over and Bangladesh is no longer a newly
emergent nation, is there any need for the continuation of the treaty?
Introduction
On April 18, 2001, there was a border skirmish
between India and Bangladesh in the country's
northeastern frontier. Sixteen Indian and three
Bangladeshi border guards were killed. This
border incident in terms of military casualties
was "the worst in three decades." A Reuter
report sketched the following scenario:
At the crack of dawn... nearly 300 BSF
troops intruded nearly 600 meters into
Bangladesh territory by cutting the
barbed wire fence erected by their
government in an attempt to capture
BDR's Boraibari Border Outpost (BOP)
in Roumari in Kurigram. It was about
5:15 am when villagers were surprised
to see advancing BSF troops, firing
indiscriminately from mortar and
machine guns. The volleys of gunfire
and continuous shelling panicked the
villagers as Indian troops were pushing
through agricultural lands and dusty
roads. Only 16 BDR personnel who
manned the Boraibari BOP 600 meters
inside Bangladesh territory immediately
opened fire from light machine guns
and automatic weapons. The Indian
soldiers beat a hasty retreat under the
barrage of gunfire from mounted
positions in the fortified BDR outpost.
...Yesterday's attack by nearly half a
battalion Indian troops was the first by
the neighboring country since
Bangladesh's independence, said
security officials. 1
There are instances when border clashes have
signaled a shift in the strategic position of a
country. The Sino-Indian border clashes of the
late 1950s led to the Sino-Indian war of 1962.
Since then China has been a strategic competitor
of India. In the same way Sino-Soviet border
clashes and the Damansky island incident of
1969 led to a rupture in the strategic relationship
of the two communist powers. Indeed such was
the breach that it motivated Mao Zedong to seek
a rapprochement with that arch anti-communist
American President Richard Nixon, which
resulted in the Shanghai Communique of 1972.
The current Bangladesh government sees India
as a "strategic partner" rather than a "strategic
competitor." This thinking and philosophy has
a long history and goes back to the birth of
Bangladesh and the role India played in it. Many
Indians think that India created Bangladesh, but
that the latter has never really showed gratitude
to the former. This feeling came out very clearly
as I listened to CBS News in my car radio in Los
Angeles, California, right after the border clash
took place. The CBS reporter Ranjan Gupta was
reporting by telephone from New Delhi. He said
that Bangladesh border guards had killed 16
Indian troops. In those few seconds of "live on
the air" reporting he mentioned that "ironically"
it was India that had created Bangladesh in 1971.
The report ended there or was cut off by CBS for
time constraints. But the implication was quite
clear; here again was Bangladesh being not only
ungrateful but downright hostile. But the Awami
League regime of Bangladesh has always been
the one that India has favored. In 1971 it was the
Awami League which spearheaded Bangladesh's
war of independence and achieved liberation
from Pakistan Army with Indian help. Soon the
Bangladesh leader Sheikh Mujibur Rahman
formed a "strategic partnership" with India and
signed a renewable 25-year peace treaty. The
current prime minister of Bangladesh Sheikh
Hasina is wearing the mantle of her father
Sheikh Mujib and is the leader of the Awami
League. It is expected that the "basic friendship"
between India-Bangladesh should continue.
The boundary disputes that have resulted in the
above skirmish were supposed to have been
solved by the signing of the Indira-Mujib
Boundary treaty of 1974. But while the
Bangladesh Parliament quickly ratified the
treaty, the Lok Sobha in New Delhi has not done
so even after 27 years. Swift Indian ratification
of the Boundary treaty and the implementation of
the terms would go a long way in removing
border problems. In particular, this treaty
exchanges "Indian enclaves" within Bangladesh
in return for "Bangladesh enclaves" within India.
It does a clean swap of each other's enclaves
designed to remove this kind of border irritants.
But since the terms of the treaty were never
implemented the irritants remained and were
susceptible to exploitation by any side. Indeed
the Indian attack along the Kurigram border
came less than 24 hours after Bangladesh Rifles
(BDR) reclaimed Padua BOP and 230 acres of
land near Sylhet-Tamabil border after 30 years of
Indian occupation.
These border incidents attest to the action-
reaction or stimulus -response approach. At
present many parts of the India-Bangladesh
border remain tense. The solution lies not at the
tactical-border level but at the strategic-
governmental level. This article will discuss
Indo-Bangladesh relations from a strategic
perspective with special focus on the 1972
Bangladesh-India Friendship treaty.
Origins of the 1972 Friendship Treaty
Bangladesh was a victim of the Cold War
alliance-system. During its War of Independence
it was a pawn in the chessboard of super-power
rivalry. The US tilted toward Pakistan while
India allied with the Soviet Union. The 25-year
Bangladesh-India Friendship Treaty resulted in
Bangladesh moving away from the American
alliance system to the Soviet sphere of influence.
At the end of the Second World War the U.S.
policy of "Containment" was implemented by
programs of economically assisting and
militarily equipping all nations which allied
themselves with the U.S. anti-communist
crusade. In 1954-55 Pakistan became a member
of two American sponsored military alliances:
SEATO and CENTO. 1 It was possibly the
geographical location of East Pakistan that was
an important reason for Pakistan joining the
South East Asia Treaty Organization (SEATO).
Thus as a part of Pakistan, the territory that is
now Bangladesh formed a link in the American
global alliance system and received American
foreign aid as it trickled down through the
Pakistan government in Islamabad.
The emergence of Bangladesh as an independent
nation and the signing of the Bangladesh-India
Friendship Treaty in 1972 moved her away to the
Soviet sphere of influence. In June 1969 Soviet
leader Leonid Brezhnev had floated the proposal
for an Asian Collective Security Pact. In the
1970s the Soviet Union entered into a number of
"friendship treaties" with Third World nations
like Egypt, Syria, Iraq, India, Vietnam and
Afghanistan. The Indo-Bangladesh treaty can be
seen as a sub-species of these Soviet treaties. An
analysis of the articles of these treaties reveal an
almost total similarity. The treaty framework is
the same in all cases with minor changes arising
from particular situations. Thus, Bangladesh
became a Soviet ally's ally. Similarly, Vietnam
also signed a "friendship treaty" with
Kampuchea. Both in Kampuchea and in
Afghanistan such friendship treaties have been
used as a legal cover for military intervention.
Seen in these global, regional and security
perspectives the Indo-Bangladesh treaty is
important.
The Impetus for the Treaty
On March 19, 1972, the prime ministers of
Bangladesh and India, Sheikh Mujibur Rahman
and Indira Gandhi, signed at Dhaka on behalf of
their respective governments a "Treaty of
Friendship, Cooperation and Peace" for a term of
twenty-five years and renewable by mutual
agreement. This treaty came only three months
after the "Victory Day", December 16, 1971,
when the Pakistan Army surrendered to the Joint
Command of Indo-Bangladesh forces.
This article argues that the signing of the Indo-
Bangladesh treaty was the result of many factors
and the confluence of many interests, both
immediate and long-range. The article will seek
to analyze the conditions and circumstances that
led the decisionmakers of Bangladesh to
conclude this treaty and the motivating Indian
interests behind it. In addition, it will also
evaluate the nature and scope of the treaty and
2
explore its impact from a regional and global
perspective. Finally, it will analyze how the
treaty has fared in practice over the last thirty
years and provide some recommendations for the
future.
The immediate circumstance that led to the
signing of the treaty was the need to withdraw
the bulk of the Indian armed forces from
Bangladesh and to provide a legal umbrella for
the Indian troops that were remaining in certain
parts of Bangladesh. Since December 1971 a
very large section of the Indian Army was
residing in Bangladesh and was beginning to
look like an occupation army. In addition there
were reports in Bangladesh that the Indian Army
was sending away vast amounts of arms and
ammunition left by the surrendering Pakistan
Army. According to rumors circulating in
Dhaka at that time, the Indian Army also took
away not only large quantities of household
items, furniture and electrical goods left by the
Pakistanis but was also dismantling industrial
machineries of abandoned factories. The
important thing is that the Bangladeshis, long
subjugated and fearful of external domination,
totally believed such reports. Thus the Indian
military was fast losing its image as a friendly
force in Bangladesh and began to be perceived
more as an occupation army. Furthermore, the
members of the Mukti Bahini (Freedom
Fighters) argued that they were the ones who had
really achieved the independence of Bangladesh
and that the Indian Army "just walked in
Bangladesh when we had already finished the
job." 2 A logical follow-up of this perception was
that there was no conceivable reason for the
Indian Army to continue to reside in Bangladesh.
In the international sector too, many countries
were withholding recognition of Bangladesh
because of the presence of Indian troops there.
Prime minister Sheikh Mujib thus became aware
of the necessity for the withdrawal of Indian
forces from Bangladesh.
Another argument forwarded is that the
enormous magnitude of physical destruction of
Bangladesh, and the resultant economic loss,
social dislocation and psychological damage was
a contributory factor in motivating the
Bangladesh Awami League regime to opt for the
treaty. Immediately following victory,
Bangladesh was faced with staggering problems
that arose in the aftermath of the war in 1971.
During the War of Independence an estimated 10
million refugees had taken shelter in India while
another 20 million people were displaced within
Bangladesh. While it is impossible to quantify
the mental and psychological damage wrought
upon the Bengali people, certain reliable
estimates of the physical destruction of
Bangladesh can be ascertained. Total damage
has been conservatively estimated to be Taka
12.5 billion, which is about 3 billion U.S. dollars
(1971). The private sector damage was almost
three times that of the public, estimated to be 9.3
billion and 3.2 billion taka respectively. In the
private sector, housing was the hardest hit as
whole villages were burnt by the Pakistan Army,
incurring Taka 8.3 billion loss while in the
public sector transportation incurred a loss of
Taka 1.23 billion. 3 While every sector demanded
immediate attention the first test came on the
question of rehabilitation of the 10 million
refugees who had sought shelter in India. As one
analyst noted,
"The continuous stream had to be
provided with instant ration and basic
transportation to go back where they
belonged. The sick and disabled had to
be taken in hand, and minors provided
with all requisite care. Depleted
granaries had to be replenished with
overnight imports, and the disrupted
communications network restored for
flow of man and material. Tools of
production whether in the fields,
factories or homestead had to be
repaired and sharpened, raw materials
had to be contracted for and rushed in to
feed the productive efforts. Food and
clothing had to be procured in bulk to
meet the daily exigencies, each one as
serious as the other. 4
The infant Awami League Regime in 1972 was
clearly ill-equipped for the task. They possessed
very little administrative and management skill
necessary for the reconstruction of war-ravaged
Bangladesh. Other analysts have noted that: "the
Awami League politicians were generally
unfamiliar with running a welfare government,
let alone coping with the calamity that
confronted them." 5
Early Ties with India
During the independence war important bonds of
"friendship" were forged between the Indian
decisionmakers and members of the Bangladesh
Awami League who fled to India following the
3
Pakistan Army crackdown on the night of March
25, 1971. As a result, there developed very
strong bonds between the two ruling elites. The
Bangladesh Awami League which worked under
Indian help and guidance during the war
naturally fell back on their ally when faced with
the formidable task of post-war economic
reconstruction. In the political and military
areas, too, the Mujib regime needed Indian help.
Immediately following victory there were many
pro-Pakistan elements in Bangladesh, especially
the members of the rightist religious parties, such
as the Jamat-I-Islami and the Muslim League.
Mujib perceived it necessary to crush these
elements and proceeded to jail a substantial
number of them as "collaborators". But the
greatest immediate threat to the Awami League
regime was posed by the ultra-leftist elements.
During the war various political forces had
fought together to achieve Bangladesh's
independence. Mujib in particular feared the
pro-Chinese radical leftist forces and suspected
that these groups would not respond to his call to
all the freedom fighters to surrender their arms.
These groups espoused the view that the
salvation of the poverty-stricken masses could be
accomplished only through a social revolution
based on the Chinese model and had acquired
arms and ammunition during the independence
war. 6 It is interesting to note a general
proposition on small state foreign policy
behavior which states that the greater the threat
perceived by a small country from a third
country the greater the desire of the small to join
in an alliance with a large country. 7 And
although the threat perceived by Mujib was
domestic in nature, it was not unlikely for such a
movement to receive external support, especially
since the forces referred to did espouse a certain
foreign model. Moreover, the Bangladesh Army
was still in its infancy and lacked the resources
to combat the anti-government forces. And as
one Indian analyst pointed out, Mujib must have
learned certain lessons from the Pakistani
example of Praetorianism and Militarism and did
not want to increase the strength of the
Bangladesh Army and "run the risks of
enslavement by it." 8
Apart from this perception of the threat to
national security, regime stability, and territorial
integrity of the country, Bangladesh policy
makers also succumbed to the Indian view that
no one can effectively attack Bangladesh - that
is with land forces - without attacking India
first. 9 The only power that could attack
Bangladesh by land was India, especially since
the former is surrounded on three sides by India
with no natural frontiers. In the south the Indian
Navy controls the Bay of Bengal. The only other
neighbor of Bangladesh is Myanmar (Burma)
sharing a small boundary in the southeast of
approximately 200 miles, which consists of
harsh and difficult terrain. And it was argued
that such a large military force would be required
for resisting India that Bangladesh could not
build it up without first becoming a military state
and running the risk of enslavement by it. Thus
it made no sense to build a Bangladesh Army.
Moreover, it was pointed out that a large military
establishment was a luxury which Bangladesh
could ill afford. Implicit in all these arguments
was the policy prescription that Bangladesh
should not have an army, at least not one capable
of defending the country against external forces.
The argument was that Bangladesh didn't need
an army to defend its national security. It could
be done cheaply by signing a treaty with India.
In other words, India would defend Bangladesh
from any external threat. Bangladesh would go
under the Indian defense umbrella and live in
"peace". In return all Bangladesh would offer is
its "friendship". As far as internal security was
concerned India was most willing to help build
the Bangladesh Rakkhi Bahini (Security Forces)
trained by Indian officers and supplied by the
Indian armed forces.
In addition to the difficult internal situation,
Bangladesh faced a none too friendly
international scenario. Two great powers, China
and the USA were decidedly unfriendly towards
Bangladesh during her war of independence.
And the Third World, many of whom possessed
break-away tendencies and centrifugal forces
within them, perceiving what amounted to a
secession of Bangladesh from Pakistan, were not
overly eager to be friendly either. The bulk of
the Islamic countries perceiving the break-up of
a Muslim country with the help of conniving
communists and polytheists, succumbed to
hostile Pakistan propaganda and were cool in
their attitude towards Bangladesh. Beijing and
Washington were acting in their strategic interest
and sought to contain Soviet hegemony in South
Asia. The Third World countries, especially
those of Africa and Asia composed of
heterogeneous tribes, groups and sub-nations
possessed severe centrifugal and divisive
tendencies and feared that the Bangladesh
example would encourage secessionist
movements within their own countries. Thus,
4
after independence when Bangladesh sought
recognition from the World, she faced a difficult
international situation. In such circumstances,
Indian diplomatic help became a necessity.
Indian Motivation and Interests
The interests that motivated India to conclude a
treaty with her neighbor were possibly stronger
than those of Bangladesh. Indian grand design
has always been to assume the role and status of
a great power and not just that of a regional
power. The Indian view is that she possesses the
potential to become a great power. In her
attempt to develop that potential she was first
thwarted by the British who presided over the
vivisection of the Indian motherland and created
Pakistan which became a sort of roadblock in the
path of Indian aspirations. After 1947, Pakistan
became a perennial security concern for India,
especially more so when Pakistan joined the U.S.
and Western alliance system and sought to
achieve a military balance in the sub-continent.
In the early 1960s Pakistan initiated an entente
with China, which accelerated after the Sino-
Indian war of 1962, further aggravating Indian
military and security concerns.
In 1971 the Bangladesh war provided a golden
opportunity for India to deal a coup de grace to
the Pakistani counterweight and emerge as the
pre-eminent power in South Asia. But to think
that the goal of Indian foreign policy was
achieved with the emergence of Bangladesh is to
miss the central point. Indian policy planners
were not unaware of the fierce long-term
problems that the independence of Bangladesh
would give rise to. In the U.N. Security Council
on December 5, 1971, the Chinese representative
Huang Hua noted that "the Indian Government
will only eat the bitter fruits of its own
making." 10 On December 16, 1971, China noted
that "India too has its own nationality problems,
whose complexity and acuteness are rarely seen
elsewhere in the world." 11 Henry Kissinger also
emphasized the same theme:
The inevitable emergence of
Bangladesh presented India with fierce
long-term problems. For Bangladesh
was . . . separated only by religion from
India's most fractious and most
separatist state, West Bengal.. .Whether
it turned nationalist or radical,
Bangladesh would over time accentuate
India's centrifugal tendencies. It might
set a precedent for the creation of other
Moslem States, carved this time out of
India. Once it was independent, it's
Moslem heritage might eventually lead
to a rapprochement with Pakistan. All
of this dictated to the unsentimental
planners in New Delhi that its birth and
had to be accompanied by a dramatic
demonstration of Indian predominance
on the subcontinent." 12
Such was the thinking and attitude of India's
chief adversaries. It was therefore necessary for
India to consolidate her position in South Asia.
Soon after Partition in 1947 India had entered
into bilateral treaty agreements with Nepal and
Bhutan. Thus it was logical from the Indian point
of view to conclude a bilateral treaty
arrangement with Bangladesh immediately after
it's independence in 1971. Otherwise a future
Bangladesh-Pakistan alliance or even a hostile
Bangladesh could seriously impair the Indian
hegemony in South Asia. Such a possibility
could not be completely overruled. About 85%
of the population of Bangladesh is Muslim and
for a quarter century this population has been
conditioned by Pakistan's propaganda to think of
India as their number one enemy. Historically
too, the region that is now Bangladesh had
formed the hinterland of industrial West Bengal
and the Bengal Muslims had always perceived
themselves to have been dominated by the Hindu
Bengalis.
These historical and psychological factors aside,
the political and economic condition of
Bangladesh was of concern to India. From the
Indian point of view an unstable Awami League
regime was not conducive to its overall political
and military strategy in the region. A Maoist
guerrilla movement in Bangladesh could affect
not only the delicate political situation in West
Bengal and provide impetus to the Naxalites
(urban guerrillas) but also to other guerrilla
movements in Nagaland, Manipur and Mizoram,
all of which the Indian government has sought to
keep under control with great difficulty. The
pro-Chinese leftist forces active in parts of
Northeast India were perceived as a significant
threat to Indian security. Indeed, during the
Bangladesh war the Indian government did make
a conscious effort to restrict the pro-Chinese
leftist forces of Bangladesh from receiving arms
and military training in India. 13
5
Thus, after independence when the ultra-leftist
forces having acquired arms, ammunition, and
training during the war were acting as a threat to
the Awami League regime, India was naturally
concerned. There were two ways the Indian
Government could offer aid to the Mujib regime
in order to crush the armed opposition and
achieve governmental stability. First, it could
help build up the fledgling Bangladesh Army
through military aid and training in order to
combat the anti-Bangladesh forces. Second, it
could offer Indian troops to combat these leftist
forces. In the light of Indian foreign policy goals
and interests, the second choice proved more
attractive, especially because circumstances in
early 1972 necessitated immediate action against
a section of the Pakistan Army that had retreated
into the Chittagong Hill Tracts in Bangladesh. It
was also necessary to take military action against
Naga and Mizo guerrilla bases and forces in the
Chittagong Hill Tracts.
The option of strengthening the Bangladesh
Army was anathema to India for a number of
reasons. First, it might become a future military
and security concern for India. Second, military
aid generally strengthens the military elite of the
recipient nation vis-a-vis the other elites, and in
the case of a fundamental conflict between
different elites, the military tends to emerge
victorious. India had built up significant bonds
of friendship with the political elite, especially
the ruling elite in Bangladesh, and therefore had
no desire to strengthen the military elite to the
extent that it would pose a threat to the political
elite: more narrowly, to the Awami League
regime. Third, the ideological and political
perceptions of a military government in
Bangladesh would be fundamentally different
from those of democratic India, as she well knew
from her interactions with the military
government and generals of Pakistan. Thus, it
was in India's interest to see that the military
elite should never emerge victorious in
Bangladesh. But India was not unaware of the
weakness of the Awami League, which could not
be called a political party but rather a political
movement for it lacked the cohesiveness and
organization in 1971 that are the essential
ingredients of a political party. As one analyst
noted, "... the organizational flabbiness of the
Awami League hardly invite confidence in the
long-range stability of the government." 14 India
thus wanted to provide the Awami League with
military assistance which might become
necessary in times of crises. The Indo-
Bangladesh treaty was to provide the legal cover
for such armed assistance.
Nature and Scope of the Treaty
The Bangladesh-India friendship treaty is a
comprehensive accord covering issue-areas
ranging from military-security to art, literature
and sports. The question that generally arises is
whether the treaty constituted a military alliance.
To remain objective, this article will use J. D.
Singer and Melvin Small's classification of
alliances and evaluate whether Bangladesh and
Indian were joined in an alliance. Singer and
Small consider three classes of alliance
commitment. 15 Class I is called a defense pact,
which "commits each signatory to intervene with
military force on behalf of the other(s)." Class
II, is called a neutrality or non-aggression pact,
and "commits each to refrain from military
intervention against any of the other signatories
in the event that they become engaged in war."
Class III, labeled entente, "merely requires that
the signatories consult with one another in the
contingent eventuality." Singer and Small based
their classification upon the treaty text itself and
upon the way an alliance was adhered to in
practice. While this article will review in
another section how the Bangladesh-India treaty
operated in practice, in this section the analysis
of the nature and scope of the treaty will be
based on the text only. Article 9 of the
Bangladesh-India treaty states that:
Each of the High Contracting
parties shall refrain from giving any
assistance to any third party taking part
in armed conflict against the other
party. In case either party is attacked or
threatened with attack, the High
Contracting Parties shall immediately
enter into mutual consultation in order
to take appropriate effective measures
to eliminate the threat and thus ensure
the peace and security of their
countries." 16
The first sentence of Article 9 of the treaty
makes it a neutrality pact, that is, the treaty falls
into Class II of the Singer and Small category.
But the second sentence of Article 9 makes the
treaty an entente. Thus following Singer and
Small's definition it can be said that the
Bangladesh-India treaty is not a defense pact but
is a combination of a neutrality or non-
aggression pact and an entente. That the treaty is
6
a non-aggression pact is reinforced by the terms
of Article 8 which states that the two countries
...shall not enter into or participate in
any military alliance directed against
the other party.
...shall refrain from any aggression
against the other party and shall not
allow the use of its territory for
committing any act that may cause
military damage to or constitute a threat
to the security of the other High
Contracting Party." 17
A continuous and dynamic element in the
bilateral relations of the two countries has been
introduced by Article 4 of the treaty. It enjoins
them to "maintain regular contacts with each
other on major international problems affecting
the interest of both States, through meetings and
exchanges of views at all levels." 18 Thus
Bangladesh foreign policy on major international
issues or crises would be influenced by Indian
thinking and ideology. In a way, Bangladesh's
independence and self-identity became
contingent upon Indian security, economic and
other foreign policy interests.
Similarly, Article 10 emphasizes that the
signatories "shall not undertake any
commitment, secret or open, toward one or more
States which may be incompatible with the
present Treaty." 19 Clearly, the focus of the
Bangladesh-India treaty is on military-security
issues. It is the raison d'etre of the treaty.
According to Article 10 Bangladesh would be
unable to enter into any type of security
arrangements with other nations such as China,
Pakistan or even the United States because it will
be seen as incompatible to Indian security
interests. As a complement to these military-
security clauses, Article 5 calls for cooperation
in "economic, scientific and technical fields" as
well as providing each other the "most-favored
nation" treatment. Article 6 calls for joint action
in the fields of "flood control, river basin
development... hydro-electric power and
irrigation.
As noted earlier, the Bangladesh-India Treaty
provides a broad scope for bilateral relations
calling for the promotion of "art, literature,
education, culture, sports and health." But the
promotion of economic, technical and cultural
relations between the two countries could have
been conducted through yearly trade and
economic agreements. The importance of the
Bangladesh-India friendship treaty lies in the fact
that it is a long-term accord designed and
intended for military-security purposes as the
provisions of Article 8, 9, and 10 clearly show.
Many in Bangladesh, including Members of
Parliament had raised in the past the bogey of
secret treaties signed between Bangladesh and
India during the independence war (march-
december 1971). This article argues that the
Bangladesh-India treaty is a very comprehensive
accord and a wide number of measures can be
initiated by the signatories through interpretation
of its various terms and provisions and thus
precludes the necessity of any secret military
treaty or other clandestine agreements.
Conversely it can be argued that if secret treaties
did exist, now they have been subsumed under
the present treaty.
The Treaty in a Global and Regional
Perspective
In 1972, the treaty firmly aligned Bangladesh
with the Indo-Soviet axis. Although Bangladesh
did not enter into any treaty commitments with
the Soviet Union, the former became strongly
linked with the latter especially since India has
signed a similar treaty with the Soviet Union in
August 1971. The Bangladesh-India treaty is a
photocopy of the Indo-Soviet treaty. For
example, the Indo-Soviet treaty also pledges
each party not to enter or participate in military
alliances directed against the other, or to allow
its territory to be used militarily for an attack
against the other signatory. The parties also
pledge to refrain from giving assistance to a third
party involved in armed conflict with one of the
signatories. In the event of attack or threat of
attack upon one of the parties, mutual
consultations are provided for to deal with it.
And, finally each side pledges not to make
commitments to third states incompatible with
the treaty. Significantly, the Indo-Soviet treaty
also covers secret as well as open commitments
to third parties, reaffirms India's "policy of
nonalignment" and also includes the specific
phrase "will not make any commitments that
may be militarily detrimental to the other side." 21
Thus from the Soviet point of view it was not
necessary to enter into any treaty commitments
with Bangladesh. Moscow acquiesced to treat
Bangladesh as falling into the Indian sphere of
7
influence. In doing so, Soviet strategic and
political interests were not jeopardized in any
way. Indeed, it is claimed that the Soviets
"politely turned down an Indian suggestion in
December 1971 that they (the Soviets) sign a
treaty of peace and friendship with the newborn
nation." 22 The reasons are not hard to find. After
the war it was thought that the USSR would
provide substantive economic and technical
assistance greatly needed for the reconstruction
of war-ravaged Bangladesh. Sheikh Mujibur
Rahman's visit to Moscow in March 1972 was to
have yielded "the major share of a $3,000
million reconstruction programme." 23 But
judged from the economic point of view, Mujib's
trip to Moscow was a dismal failure. The Soviet
Union made no fresh aid commitments to
Bangladesh but agreed to unblock the flow of aid
previously negotiated with Pakistan. In return,
Sheikh Mujib supported the Soviet position in
Vietnam, the Middle East and Southern Africa
and also appreciated Soviet initiatives in the
United Nations and Eastern Europe. And going
a step further, Mujib also agreed with Soviet
leaders that the USSR was a true friend of
Bangladesh, and obliquely referred to the United
States and China as enemies, by noting in the
Moscow Communique that the independence
struggle had "revealed the true friends and foes
of the Peoples Republic of Bangladesh as a new
independent state." 24 It was not Soviet policy to
pay for something they could have for free.
The attitude was that since the Soviet Union had
supported Bangladesh in 1971, the latter should
now reciprocate by supporting Soviet policies,
both global and regional. In fact, the Soviets had
supported the Bangladesh independence struggle
to further their own political and strategic
interests in South Asia. The importance of
Bangladesh to the USSR lay in the new nation's
role in Moscow's larger strategic scheme for the
South Asian subcontinent. The Soviet Union
viewed Bangladesh as another potential link in
the chain of states stretching from Afghanistan to
Japan which it hoped to weld into a rigid anti-
Chinese Asian Collective Security Pact.
Although the Kremlin has denied that its
collective security system will constitute a
military alliance aimed at China, the proposal
was floated by Brezhnev in June 1969 when the
Sino-Soviet rift was very apparent and coincided
with the onset of Soviet military pressure against
the Peoples Republic of China.
Thus, the Bangladesh-India treaty among other
things reinforced the Chinese view that
Bangladesh was in a real sense the protege of
India and the Soviet Union. Surprisingly,
however, the treaty did not seem to adversely
affect American attitudes towards Bangladesh.
The United States recognized Bangladesh on
April 4, 1972, less than a month after the treaty
was signed, and reaffirmed the intention of the
U. S. government, "to develop friendly bilateral
relations and be helpful as Bangladesh faces its
immense task of relief and reconstruction." 25
Soon the United States initiated a massive aid
program to Bangladesh and became the single
largest donor nation. A major interest of the
United States was to check the preponderant
influence of the Soviet Union in post 1971
Bangladesh and South Asia; and U.S. aid was to
play "a significant role in arresting Soviet
penetration of Bangladesh." 26 The United States
became the largest material force backing the
Mujib government and her influence began to
grow steadily in Bangladesh. Thus, neither the
anti- Americanism of post-independence days nor
the Bangladesh-India treaty were successful in
arresting increasing American influence in
Bangladesh. As time passed, the stars of India
and the Soviet Union faded on Dhaka's
diplomatic horizon while that of the United
States made a significant comeback.
The Treaty in Practice
In the last thirty years there have been many
violations of the treaty, especially of its security
and military clauses. Most of the violations
occurred in the post- 1975 period. Article 8 of
the treaty refrains the parties from allowing "the
use of its territory for committing any act that
may cause military damage to or constitute a
threat to the security of the other" party. But
after the changeover of government in
Bangladesh in August 1975, India did provide
sanctuary and support to anti-Bangladesh forces.
This had been reported in many international
journals and newspapers:
Following the assassination of Sheikh Mujibur
Rahman in August 1975, and the installation of
anti-Indian governments in Dacca, substantial
arms shipments were made clandestinely to the
Shanti Bahini (the anti-Bangladesh insurgents in
the Chittagong Hill Tracts). Their cadres were
trained by men of the Indian Border Security
Force along with supporters of another,
8
Bangladeshi insurgent group, the Kaderia
Bahini,...
Indian arms and ammunition were
sent in substantial quantities on two
occasions, in November 1975 and
later in March 1977. The fall of
Prime Minister Mrs. Indira Gandhi
in the 1977 Indian election and the
installation of the Janata
government meant an end to the
arms supplies, . . . with the return to
power of Mrs. Gandhi earlier this
year [1980], there have been no
indications of renewed support for
the Bangladesh insurgents. 27
Thus the military and strategic "friendship"
between the two countries envisaged in the
Bangladesh-India treaty of 1972 evaporated in
the post- 1975 era and the trend continued during
the Ziaur Rahman Regime (1975-81) and the
Ershad era (1982-90). But the treaty was not
abrogated and indeed the Bangladesh
government of Khondakar Mustaque Ahmed in
1975 stressed its intention "to abide by all
bilateral and international agreements," 28 in
order to assure India that the Bangladesh-India
treaty entered into by Mujib would continue.
The promotion of "art, literature, education,
culture, sports and health" laid down in Article 7,
did not meet the great expectations of the
signatories even during the period (1972-75) of
cordial-entente between Bangladesh and India.
The bright prospects of trade between the two
countries have also been marred by two factors.
One is the charge of large-scale smuggling of
goods and commodities along the India-
Bangladesh borders. The other is the chronic
unequal balance of trade between the two
countries. For example, in 1996-97, 16% of
Bangladesh imports came from India, while only
1% of Dhaka's exports went to India. 29 Some
American and Indian analysts think that this
trade imbalance can be eradicated by selling
natural gas to India. India is hungry for gas and
American oil companies would be willing to
make the necessary investments if allowed to
export Bangladesh gas to India. Gas exports to
India has always been a sensitive issue. Even as
early as 1979, this author heard President Ziaur
Rahman voicing the possibility of selling gas to
India in an exclusive seminar in Dhaka. Fierce
opposition, both within the government and
outside, nipped such thinking in the bud. More
recently, in the last three years, "Bangladesh has
discovered major new gas reserves - some 16
trillion cubic feet - and more discoveries are
expected." When the Los Angeles Times asked
prime minister Sheikh Hasina why her country is
refusing to sell gas to India, she replied: "One of
our few resources is gas. After fully meeting our
domestic requirements and ensuring gas reserves
for 50 years, the remaining surplus gas may be
available for export. I don't see a decision on
export until elections, scheduled for next year
[2001], are over. 30 It is imperative that the two
countries must design policies aimed at reducing
the trade imbalance. But selling gas to India
cannot be the only means of reducing the trade
imbalance. Bangladesh should be able to export
many other goods to India in order to have a
diversified market.
Policy Recommendations
Bangladesh's foreign relations with India ranks
at the top of the agenda in order of importance
when compared with other countries. Very few
countries are more important than India. The
prime minister or foreign minister of Bangladesh
must make foreign policy decisions after
choosing from a wide array of multiple
advocacies. Those who follow the school of
Political Realism will espouse the following
policy prescriptions:
• The primary obligation of Bangladesh,
a goal to which all other national
objectives should be subordinated, is to
promote its national interest. But who
defines the national interest? The
Awami League's definition of the
national interest would be quite
different from the national interest
defined by the Islamic fundamentalist
political parties.
• In order to promote the national interest,
Bangladesh must acquire sufficient
national power.
• Because of the anarchical nature of the
international system, Bangladesh must
acquire sufficient military capabilities
to deter attack by potential enemies. But
today there has been a revolution in
military affairs. In the 21 st century
Bangladesh must emphasize and learn
high-tech warfare and model its army
accordingly. If the Bangladesh military
9
remains in the WWII model it would
not be able to defend the nation and
would be a waste of the taxpayers
money.
While Bangladesh may acquire allies in
order to increase the state's ability to
defend itself, the loyalty and reliability
of its friends and allies cannot be taken
for granted.
Bangladesh cannot rely for its defense
on international organizations such as
the United Nations. In the same way, it
cannot rely on International Law or
world public opinion to safeguard its
borders.
The Realist in Bangladesh would see
India as a "strategic competitor." It will
seek to achieve minimum deterrence
against an Indian attack or invasion.
Some of the rightist Muslim religious
parties obviously see India in this light.
But it is possible to seek a policy of
cooperation even with a strategic
competitor. The Clinton Administration
followed a policy of "strategic
engagement" with China. In the last ten
years, US-China trade has increased
from near zero to more than 110 billion
dollars today. China thus cannot afford
to lose this huge American market and
must behave cooperatively, thought
Clinton. On the other hand, the
conservative Republicans would like
George Bush to treat China the way the
US treated the Soviet Union during the
Cold War. That is to follow a policy of
"Containment" towards China. In this
light, India-Bangladesh relations should
espouse a policy of engagement and not
containment. Unfortunately however
India-Bangladesh trade is at a very low
level. To have a policy of engagement,
trade and economic relations between
the two countries must increase.
One kind of policy would be called
"Finlandization." It is useful to recall
that the Soviet Union attacked Finland
in 1939. Finland put up a pretty good
fight. But after World War II the USSR
emerged as a superpower and the Red
Army was too large for Finland to
handle. Thus throughout the Cold War,
Finland took great pains not to do
anything that might annoy its giant
neighbor. It never joined NATO, the
military arm of the West designed to
counter the USSR.
• On the other hand, although
Switzerland follows a policy of
"Neutrality" in international relations, it
retains an effective and potent military
force. It is interesting to note that
immediately after independence, Sheikh
Mujib wanted to make Bangladesh a
"Switzerland of the East." If Mujib was
talking in military terms, then it
probably meant deterrence. If he was
talking in economic terms, then it was
wildly ambitious. If he was talking in a
foreign policy sense, then it meant
staying neutral, and not getting involved
in entangling alliances.
• Vietnam is another model for the
Realist. It also has a huge neighbor,
China, to contend with. Indeed, there
have been Sino-Vietnam tensions for a
thousand years. In 1979, China sought
to teach Vietnam a lesson. The result
was war. However, Vietnam put up
very strong resistance against the
Chinese Army, the PLA. Later, China
withdrew unilaterally. I do not think
that Bangladesh can afford to follow the
Vietnam model. And it is also unlikely
that India, which is a democracy, would
seek to teach democratic Bangladesh a
lesson through warfare.
• Probably the Canada model is too much
to hope for. The whole US-Canada
border is demilitarized. There are no
military forces along this long border.
Neither are there any fences to keep
each other out. Canadian and American
citizens can freely visit each other
without any hindrance or visa or even
passport. It would be ideal if
Bangladesh and Indian citizens could do
the same. If the Bangladesh economy
ever becomes better than the Indian
economy, it may be possible. Thus
Bangladesh should aspire to achieve at
least the level of economic productivity
of India or better.
10
• In the unlikely event that Bangladesh
suddenly becomes rich, say due to huge
oil and gas discoveries, it will face a
different security problem. Because
Bangladesh is a poor nation with a huge
population of 130 million, it serves as a
deterrent to the would-be invader. There
is nothing to plunder while there would
be a very high cost of maintaining the
occupation militarily. Huge oil and gas
deposits may change that equation. But
we should cross that bridge when we
get there.
• France and Germany provides another
model. Germany has always been a
security concern for France, starting
with the Franco-Prussian War in 1870,
WWI and ending with World War II.
The Schuman Plan was devised by the
French foreign minister and sought to
integrate the two economies in such a
way that war would seem unthinkable
and tremendously costly. Unfortunately,
the neighboring areas of Bangladesh are
not very attractive economically. While
Mexico gained hugely by joining US-
sponsored NAFTA and France was
attracted toward Germany, it is difficult
to envision Bangladesh being attracted
to Tripura, Meghalaya, Assam and even
West Bengal. There was a time when
West Bengal was the most
industrialized state of India and
Bangladesh was its hinterland. But that
was then and this is now. No thanks to
the Naxalites, West Bengal has fallen
behind, and other states of India like
Punjab, Haryana and Maharashtra have
taken the lead. On the other hand, the
Assamese don't much like the Bengalis.
Riots and massacres are not totally a
thing of the past. Thus economic
integration with its immediate
neighbors seems unlikely. Even the
other neighbor Myanmar has become an
international pariah and is subject to all
kinds of sanctions from the major
economic powers.
From another perspective, those who call
themselves Idealists will put forward a different
set of policies for Bangladesh:
• Bangladesh must espouse international
and regional cooperation.
• It must avoid any bilateral or
multilateral military alliances. Thus, the
Idealist would not favor the 1972
Friendship Treaty with India.
• It must take an active role in regional
organizations such as the SAARC
(South Asian Association for Regional
Cooperation). However, the SAARC
has not been very successful at the
economic level, not to mention its lack
of success at the political, military and
strategic levels.
• Bangladesh must play a strong role in
the United Nations. It may use the UN
for dispute settlement Indo-Bangladesh
relations.
• Bangladesh would be in favor of free
international trade. It would call for the
establishment of a free-trade area with
her neighboring countries.
• Bangladesh would be in favor of
Globalization that will allow the free
flow of labor, in addition to the free
flow of goods and services.
• Bangladesh cannot afford or agree to
quasi-globalization that espouses only
the free flow of manufactured goods
across state boundaries. That will cause
massive unemployment and loss of
local industries. Bangladesh laborers
must be able to find jobs in other
countries, both regionally and
internationally. The building of a fence
by India on the border of Bangladesh
runs counter to this policy of the free
movement of people.
• Like India has done on its Bangladesh
border, the US has also built a fence on
their Mexican border. The idea is to
stop illegal aliens from Mexico crossing
onto the American side. But at the same
time, the US has historically had many
legal programs that allowed Mexican
workers to work in America and then go
back to Mexico. Every year the US
gives legal residency to almost one
million people from all over the world,
many of whom are Mexican citizens.
The first country that President George
11
Bush visited was Mexico. Mexican
President Vicente Fox has asked the US
to come up with innovative programs so
that some Mexican citizens can legally
work in America. In the same way,
Bangladesh can ask for India to allow
some kind of visa program, whether
temporary or permanent, that will allow
some portion of Bangladesh labor force
to work in India.
• But the best solution is to work together
to improve each other's economy.
Because of Mexico joining NAFTA
(North American Free Trade
Agreement), her economy has improved
remarkably. At present, Mexican
exports to the US is growing strongly. If
there are jobs in Mexico, then there will
be little or no flow of illegal aliens to
the US. In the same way, if the
Bangladesh economy is healthy and can
provide jobs to its citizens, then there
can be no question of Bangladesh labor-
flow to India. The building of a fence
on the border and the harassment of
Bangladesh laborers within India are
counter-productive to the healthy and
peaceful development of India-
Bangladesh relations.
• The Idealist will also be against
economic nationalism and
protectionism. But because Bangladesh
is a least developed country, it must get
long-term relief to safeguard her infant
industries, such as the garment
factories. It is in this line that Prime
Minister Sheikh Hasina said: "I urged
Clinton to grant Bangladeshi products
duty-free and quota-free access to the
United States. In recognition of
Bangladesh's leading role in
eliminating child labor from the
garment industry, it should have been
rewarded much earlier." 31 Bangladesh
garment industry will face increasing
competition from India and China,
among others.
• The Idealist in Bangladesh will also
espouse regional identity. For example,
while Hitler wanted German-dominated
Europe, today we are seeing a Europe-
dominated Germany. In other words,
Germans are becoming Europeans. In
the same way, Indians and Bangladeshis
and Pakistanis should become South
Asians. Instead of an Indian sub-
continent we should have a South Asian
sub-continent. Just like Germany is
sharing power and leadership within the
European Union, India must do the
same within South Asia. Indian
nationalism and hegemony must give
way to internationalism and good
neighborliness.
• Bangladesh should also emphasize
shared democratic values with India.
Indeed, Immanuel Kant in his book
Perpetual Peace (1795) noted that no
two democracies would go to war with
each other. Thus, one goal should be the
building of enduring and deep-rooted
democratic structures in both India and
Bangladesh.
Conclusion
In Bangladesh there have been much criticism
against the treaty with India. The issue was also
mentioned in the Parliament by a few opposition
members. The question that is often asked is
whether the treaty benefits Bangladesh and if
not, why should Bangladesh still adhere to it?
Article 1 1 notes that the "present treaty is signed
for a term of twenty five years" and "subject to
renewal by mutual agreement." Therefore the
treaty was supposed to expire in 1997 unless
renewed. Under these circumstances if the
Bangladesh government unilaterally declares the
treaty null and void, or refuses to renew it, that
might create some concern in the minds of
Indian foreign policy decision-makers. It will
also have other implications. For example,
having reneged on one international
commitment, doubts will be cast on
Bangladesh's credibility, that is, on her
willingness and ability to live up to other
international commitments. In the sphere of
foreign policy, it is sometimes better to hold a
position of strategic ambiguity than to be blunt
and clear.
The geopolitical realities of Bangladesh are such
that it can hope to benefit little by initiating an
inimical relationship with India. The unilateral
abrogation of the treaty by Bangladesh will have
serious repercussions on Indo-Bangladesh
relations and which is not desirable for either
12
country. In the decade of the 70s, Bangladesh
has been able to execute an independent foreign
policy without violating the terms of the treaty in
any way. In the 90s with the end of the Cold
War and the breakup of the Soviet Union, the
global alliance-system has dramatically changed.
But India is still friendly with Russia in spite of
initiating market reforms since 1991. The Sino-
Indian geopolitical realities have sharpened since
the nuclear tests conducted by India in May
1998. In reaction, the nuclear tests of Pakistan in
the same month has made South Asia "the most
dangerous place in the world," according to
former American President Bill Clinton.
Although the Cold War is over in the world, in
South Asia it lingers and often escalates into a
shooting war in a limited or regional scale. And
Bangladesh is caught in the middle of it all,
requiring brilliant diplomacy and artful
negotiation in order to maneuver and survive. In
the 21 st century it has to rethink its policies
towards South Asia and try to steer a safe course
in increasingly dangerous waters.
Endnotes
1 Although the United States was not a member
of CENTO (Central Treaty Organization), she
had bilateral military understanding with all
CENTO members.
y Ibid.
10 Speech of the Permanent Representative of the
Peoples Republic of China, Huang Hua on
December 5, 1971.
"ibid, December 16, 1971
12 Henry Kissinger, The White House Years
(Boston, Little Brown, 1979).
13 Based on my personal experiences and
discussions with other Mukti Bahini guerrilla
leaders.
14 Bhabani Sen Gupta, "Moscow and
Bangladesh", Problems of Communism , March-
April 1975, Vol. 24, p.62.
15 J. D. Singer and Melvin Small, "Alliance
Aggregation and the Onset of War, 1815-1945"
in J. D. Singer (ed.) Quantitative International
Politics: Insights and Evidence, (New York,
1968),p.266.
16 See the "Treaty of Friendship, Cooperation
and Peace Between the Peoples Republic of
Bangladesh and the Republic of India?,
Bangladesh Documents (Dacca), Vol. 1, No. 2,
pp.8-9.
Quoted in Talukder Maniruzzaman,
"Bangladesh in 1975: The Fall of the Mujib
Regime and its Aftermath", Asian Survey , Vol.
16, No. 2, February 1976, p. 122.
3 Bangladesh: Contemporary events and
documents, 1971 . Bangladesh: Ministry of
Foreign Affairs, External Publicity Division,
1971.
4 Ibid ., emphasis mine.
17
Ibid.
18 Ibid.
19 Ibid.
20
Ibid.
See the "Treaty of Friendship, Cooperation
and Peace between the Republic of India and the
Union of Soviet Socialist Republics."
CLE. Kim and Lawrence Ziring, An
Introduction to Asian Politics (Englewood Cliff,
N. J.: Prentice Hall, 1977), p.235
6 Maniruzzaman 1976 , p.l 19.
22
Cited in Sen Gupta 1975 , p.61.
Cited in Wayne A. Wilcox, The Emergence of
Bangladesh , (Washington, D.C.: A.E.I., 1973),
p.61.
George Liska, Nations in Alliance , (Baltimore,
1962), p. 13
8 Pran Chopra, "Bangladesh in Search of a
Role", India Quarterly , Vol. 28, No. 2, 1972,
p.119.
24
Asian Recorder , Vol. 18, No. 13, 1972,
p. 10682.
25 Keesings Archives , 1971-72, p.25196.
13
G. W. Choudhury, "Moscow's Influence in the
Indian Sub-continent", The World Today
(London, July 1972), p.311.
27 F.E.E.R. Asia Yearbook 1981 .
28 Maniruzzaman 1976 , p. 126.
29 The Europa World Yearbook 1999 (London:
Europa Publications, 1999), p. 567.
"Sheikha Hasina: Bangladesh Leader Aims to
Make Nation More Than a Symbol of Poverty."
Los Angeles Times Interview, December 3,
2000. p. M3.
31 Ibid.
Choudhury M. Shamim
Associate Professor of Political Science
California State University-Fullerton
cshamim @ exchange .Fullerton.edu
14